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HARMEET K. DHILLON (SBN: 207873)
harmeet@dhillonlaw.com
JOHN-PAUL S. DEOL (SBN: 284893)
jpdeol@dhillonlaw.com
MICHAEL R. FLEMING (SBN: 322356)
mfleming@dhillonlaw.com
DHILLON LAW GROUP INC.
177 Post Street, Suite 700
San Francisco, California 94108
Telephone: (415) 433-1700
Facsimile: (415) 520-6593
Attorneys for Plaintiff
Ghen Maynard

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

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FOR THE COUNTY OF LOS ANGELES – NORTH CENTRAL DISTRICT

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GHEN MAYNARD, an individual,

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Plaintiff,

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v.

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CBS STUDIOS, INC., a Delaware
corporation, CBS CORPORATION, a
Delaware corporation, and DOES 1-10.
Defendants.

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Case Number:
COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF
(1) Discrimination Based on Race, National
Origin, Color, and Ancestry
(2) Discrimination Based on Age
(3) Failure to Prevent Discrimination
(4) Wrongful Termination in Violation of
Public Policy
(5) Intentional Infliction of Emotional
Distress
JURY TRIAL DEMANDED

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Complaint

Case Number:

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Plaintiff Ghen Maynard (“Mr. Maynard” or “Plaintiff”), by and through his attorneys, Dhillon

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Law Group, Inc., files this Complaint for Damages and Injunctive Relief (“Complaint”) against

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Defendants CBS Studios, Inc. (“CBS Studios”), CBS Corporation (“CBS”) (collectively, the

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“Company”), and Does 1-10 (collectively, “Defendants”), and alleges as follows:

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PARTIES
1.

Mr. Maynard is an individual who is, and at all times relevant to this Complaint was, a

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resident of the County of Los Angeles, California. Mr. Maynard was employed by Defendants in Los

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Angeles, California.

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2.

Defendant CBS Studios, Inc. is a Delaware corporation with its principal place of

business in New York, New York, with offices in Los Angeles, California.
3.

Defendant CBS Corporation is a Delaware corporation with its principal place of

business in New York, New York, with offices in Los Angeles, California.
4.

The true names and capacities, whether individual, corporate or otherwise, of

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Defendants named herein as Does 1 through 10, inclusive, are unknown to Mr. Maynard at this time,

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and these Defendants are therefore sued by fictitious names. Mr. Maynard will amend this Complaint

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to state the true names and capacities of Does 1 through 10 when they have been ascertained, together

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with the appropriate charges and allegations.

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JURISDICTION AND VENUE
5.

This Court has jurisdiction over this action pursuant to the California Constitution,

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Article VI, Section 10, which grants the Superior Court “original jurisdiction in all causes except

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those given by statute to other courts.”

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6.

This Court has jurisdiction over all Defendants because, upon information and belief,

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each Defendant is either a citizen of California, has sufficient minimum contacts in California, and/or

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otherwise intentionally avails himself, herself, or itself of the California market so as to render the

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exercise of jurisdiction over him, her, or it by the California courts consistent with traditional notions

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of fair play and justice.

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7.

Under Cal. Civ. Proc. Code section 395, the Superior Court in the county where the

defendants or some of them reside at the commencement of the action is the proper court for the trial

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Complaint

Case Number:

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of the action. Because Defendants maintain offices in County of Los Angeles, venue is proper in this

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Court. In addition, venue is proper in this Court because the unlawful practices alleged herein were

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committed in the County of Los Angeles.

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8.

The filing of this Complaint in the Court’s North Central District is proper under Local

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Rule 2.3(a)(1)(B) because Defendants employed Mr. Maynard in the North Central District and do

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business there.

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GENERAL ALLEGATIONS

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Mr. Maynard’s Numerous Contributions to CBS

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9.

Upon information and belief, Mr. Maynard is the only non-white executive at CBS

Studios with his level of decision-making authority; he is of Japanese origin.

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10.

Despite the biases against him on the part of Defendants, which have been widespread

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since the departure of former CEO, Leslie Moonves, his television shows on and/or produced by CBS

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Studios have had great success and earned the Company well over a billion dollars and innumerable

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accolades.

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11.

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Mr. Maynard is well known in the television industry. He was named by TV Guide as

“one of the bold ones” in television.

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12.

Convinced he had a way to draw younger viewers to CBS without alienating its then-

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older core, Mr. Maynard developed and championed what would become the first broadcast TV

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reality show, the mega-hit, Survivor. Passed on by all other networks, Survivor not only brought

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unprecedented numbers of young viewers to CBS, but also changed the face and economics of

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television, inspiring less costly, yet highly successful reality television programming that is ubiquitous

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today.

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13.

Mr. Maynard was invited by Mr. Moonves to return to CBS for his third stint in 2016,

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to launch a studio operation for alternative shows, as Senior Executive Vice President, Alternative

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Programs, for CBS Studios. Mr. Moonves was disappointed with the lack of successful alternative

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series at CBS since Mr. Maynard’s previous stint at the Company. When asked what his mandate was

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at CBS, Mr. Maynard was told by Mr. Moonves to develop all shows, big and small, for CBS and

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other networks.

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Complaint

Case Number:

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14.

Mr. Maynard had periodic meetings with Mr. Moonves and the president of CBS

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Studios, David Stapf. At all of these meetings, Mr. Moonves expressed enthusiasm for many specific

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projects Mr. Maynard was generating. With Mr. Moonves happy, Mr. Stapf expressed enthusiasm too.

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15.

In his current role. Mr. Maynard has sold four straight-to-series programs, to three

different broadcast networks, despite having the smallest budget of any department at CBS Studios.
16.

Mr. Maynard convinced the stars of the ‘90s hit Beverly Hills, 90210 (“BH90210”) to

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go to market with a bold new take, in which they agreed to play heightened versions of themselves in

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a scripted serialized “dramedy.” A fierce bidding war landed the show a series order on Fox, where it

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just completed its run as the highest-rated summer scripted series in three years.

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17.

Mr. Maynard also made a deal with movie star and comedienne Tiffany Haddish to

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host Kids Say the Darndest Things, which also prompted a bidding war. The series debuted this fall

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on ABC.

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Mr. Maynard also sold two crime reality series to CBS, including Whistleblower,

which recently completed its second season.
19.

Mr. Maynard has also sold several pilots and other projects to CW, Freeform, Lifetime,

Oxygen, Pop TV, and Youtube.
20.

In earlier stints at CBS Studios, Mr. Maynard developed and oversaw the multiple

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Emmy-Award-winning show, the Amazing Race, the U.S. version of Big Brother (whose format was

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adopted by many international territories, extending the franchise’s life by many years), and

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America’s Next Top Model on CW and VH1. Along with Survivor, these programs are four of the

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longest-running reality television franchises in the world. He also played a key role in the

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development of the original CSI drama series, which became a billion-dollar franchise, as the number

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two executive in drama development.

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21.

CBS has touted Mr. Maynard’s accomplishments to the public as recently as August of

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this year. In CBS’s most recent earnings call to investors, CEO Joseph Ianiello boasted to investors in

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the first minute of the call that the Company was a successful content producer for companies outside

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of CBS. In so doing, he mentioned only three shows produced by CBS Studios with its many

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executives (all with their substantially bigger budgets than Mr. Maynard’s) to impress the investors.

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Complaint

Case Number:

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Out of those three named shows, two of those highlighted to tout the Company’s successes were Mr.

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Maynard’s, i.e., BH90210 at Fox and Kids Say the Darndest Things at ABC. Selling shows to

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broadcast networks such as Fox or ABC is a no easy feat, and requires serious talent and business

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acumen, which Mr. Maynard has demonstrated.

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CBS Is an Intolerant, Biased Workplace

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22.

Since Mr. Moonves’ departure, CBS has become a radically different place. Despite

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blaming all of its problems on Mr. Moonves and claiming that it has taken steps to improve race and

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gender issues at the Company, today’s CBS “leaders,” those making the key decisions on such issues,

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are all white males, whose decisions belie CBS’ self-serving rhetoric.

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23.

CBS has come under increased scrutiny in the media because of its poor track record of

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dealing with issues related to the diversity of its shows and employees.1 While its leaders falsely claim

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to the press they are working to address this, their behavior behind the scenes reflects the exact

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opposite intent, pushing out diverse individuals at the highest levels, all but ensuring that those diverse

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employees that remain are relegated to lower levels or with far less seniority, and thus, kept “in their

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place.”

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24.

Indeed, CBS’ top circle includes no women and no representation of minorities. Upon

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information and belief, David Nevins, head of the creative direction for all of CBS’ divisions, Kelly

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Kahl, president of CBS Entertainment, David Stapf, president of CBS Studios (and Mr. Maynard’s

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1

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New CBS Sexual Harassment Infrastructure Seems to Be Working Just as Poorly as Previous Policy, https://themuse.jezebel.com/newcbs-sexual-harassment-infrastructure-seems-to-be-wo-1839912344; Two Female Writers Quit Patricia Heaton's Show After Making
Complaints, https://www.nytimes.com/2019/11/16/business/media/cbs-female-writers-misconduct.html; Why I Quit the Writer’s Room,
https://www.nytimes.com/2019/09/06/opinion/sunday/walter-mosley.html; 2019: CBS Sued for $1M in Discrimination & Retaliation
Lawsuit by Ex-Executive, https://deadline.com/2019/10/cbs-discrimination-retaliation-lawsuit-1-million-maria-solache-federal-court1202755476/; 2019: Judge says CBS should be liable in sex harassment suit against former radio unit,
https://nypost.com/2019/10/02/judge-says-cbs-liable-in-sex-harassment-suit-against-former-radio-unit/; 2019: CBS' Track Record
Addressing Racism & Sexism Allegations remains Unsatisfactory (incl: "Last year, The Post also exposed how CBS Radio had ignored
complaints of racism and sexism at the company by three employees...."), https://www.indiewire.com/2019/08/cbs-big-brother-racismbull-sexism-training-tca-1202162679/; CBS Sued for Allegedly Discriminating Against Mexican Employee,
https://www.hollywoodreporter.com/thr-esq/cbs-sued-allegedly-discriminating-mexican-employee1246174; CBS Has a White Problem:
Executive Blasts Toxic Culture At Network in Explosive Letter, https://variety.com/2019/tv/news/cbs-has-a-white-problem-whitneydavisexplains- decision1203194484; In avoidable error, CBS [News] Takes Heat for the Lack of Black Voices on Its Campaign Team,
https://thinkprogress.org/cbs-takes-heat-for-lack-of-racial-diversityc8dde64a1fcb; Why the CBS Digital Team Needs Black Reporters
Covering the 2020 Election, https://www.salon.com/2019/01/15/why-the-cbs-digital-team-needsblack-reporters-covering-the2020election; CBS Soap Operas Called Out on Diversity Issues, https://soaps.sheknows.com/theyoung-and-the-restless/news/50657/cbssoapoperas-called-out-on-diversity-issues; CBS Diversity Comedy Showcase Has Been a Racist, Sexist, Homophobic Mess for Years,
Participants Say, https://www.vulture.com/2017/11/cbs-diversity-showcase-racist-sexisthomophobic-mess-participantssay.html; CBS
Has Huge Diversity Problems. But the Issues Run Deeper than Just One Network,
https://www.vox.com/culture/2017/8/1/16078570/cbs-diversity-tca; CBS Once Again Hit Hard Over Diversity,
https://ew.com/tv/2017/08/01/cbs-diversity-2; CBS Boss Defends Lack of Diversity, Women in New Shows,
https://www.hollywoodreporter.com/live-feed/cbs-boss-defendslackdiversity-895375.

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Complaint

Case Number:

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direct supervisor), and Thom Sherman, Sr. Executive Vice President at CBS Entertainment, are all

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white males.

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25.

A simple review of CBS Studios’ executive leadership roster shows that Mr. Maynard

is the only minority leader in senior leadership.

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26.

Mr. Maynard’s personal experience confirms this bias.

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27.

Mr. Maynard has taken part in semi-weekly studio meetings in which there were

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twenty to thirty leaders present, from a variety of departments and levels. In these meetings, Mr.

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Maynard noticed that, if there were ever any other minorities aside from him in the room, they would

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always be relegated to sit in the back rows, meaning that they lacked seniority and were members of

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support departments. Mr. Maynard was the only minority leader with any real authority “at the table.”
28.

Importantly, until recently, CBS Entertainment employed another minority executive,

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Mexican-American Executive Vice President of Daytime Programs, Angelica McDaniel, whom it

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summarily terminated in an alleged “restructuring” on September 9, 2019.2 Ms. McDaniel was the

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highest-level minority creative executive at CBS Entertainment and was replaced by Amy

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Reisenbach, who is white. This is a similar method by which CBS now purports to terminate Mr.

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Maynard.

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29.

Both Mr. Maynard and Ms. McDaniel were excluded from senior leadership meetings.

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30.

For example, on September 5, 2019, there was a Company-wide meeting for all

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creative executives in every division (including individuals below Mr. Maynard’s level) led by white

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male, Mr. Nevins. Two creative executives were not invited to the meeting, Ms. McDaniel and Mr.

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Maynard, the only diverse senior executives.

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31.

needed to attend the semi-weekly meetings at all.
CBS Studios Mistreats Mr. Maynard Based on His Race and Age

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As recently as October 25, 2019, Mr. Maynard was disinvited and told he no longer

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CBS has mistreated Mr. Maynard for some time, particularly since the departure of Mr.

Moonves, who supported Mr. Maynard.

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CBS Head Of Daytime Angelica McDaniel Exits Amid Restructuring, https://deadline.com/2019/09/cbs-head-ofdaytimeangelica-mcdaniel-exitsrestructuring-1202713488.

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Complaint

Case Number:

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33.

In particular, Mr. Maynard has noticed that his work has not been and is not well

respected by CBS’ white male executives, particularly Kelly Kahl and Tom Sherman.
34.

For example, when Mr. Maynard and his team delivered cuts for the Pink Collar

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Crimes series to air during the summer of 2018, Senior Vice President in charge of Alterative

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Programs, Sharon Vuong (a woman of Asian and Latina heritage), congratulated Mr. Maynard on his

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“great job” in an in-person screening of the show.

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35.

But when it came to the white male CBS executives, Mr. Maynard received very

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negative and condescending notes from Messrs. Kahl and Sherman, even though Mr. Maynard’s

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shows from his previous stints are the only alternative-genre shows working for CBS and making

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enormous profit for the network. Ultimately, they relegated the show to usually-dead Saturday night,

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giving it almost no promotion, effectively a death penalty.

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36.

When Mr. Maynard took BH90210 with six original cast members to market, CBS

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competed with Fox and ABC for the series, yet while presidents and other executives of other

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networks lobbied directly with Mr. Maynard for the series, never did Messrs. Kahl or Sherman call

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Mr. Maynard, opting instead to speak only via Mr. Stapf, who had not attended the pitch.

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37.

And when Mr. Maynard took Kids Say the Darndest Things with Tiffany Haddish to

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market, he generated a bidding war between the three other broadcast networks (ABC, Fox, and

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NBC), yet still received no response from CBS, who had heard the pitch first, directly from Mr.

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Maynard and the production team, until he finally reached the most junior executive in the room, who

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said they had not yet even discussed the pitch. It was only after hearing about the other offers that

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CBS made an offer, via Mr. Stapf, for a one-time special, but still never calling Mr. Maynard directly

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as would be customary.

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38.

Messrs. Kahl and Sherman also passed on the network’s highest-testing pilot in ten

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years (Small Business Champions), per the then Head of West Coast Research, which Mr. Maynard

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had delivered, without one word of at least customary explanation to Mr. Maynard, nor could Mr.

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Stapf explain any logical reasoning on the Company’s behalf. In success, such a series would result in

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enormous international sales for CBS Distribution, just as Mr. Maynard’s earlier series “America's

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Next Top Model,” which CBS Distribution fully controls to date.

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Complaint

Case Number:

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39.

When Mr. Maynard asked Mr. Stapf why CBS Entertainment was so disrespectful and

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condescending, he confirmed their behavior and told Mr. Maynard that Messrs. Kahl and Sherman

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were “threatened” by him, in addition to various other personal remarks about them. Indeed, Mr.

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Sherman never returned Mr. Maynard’s calls, and would disparage the shows he developed behind his

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back to other executives.

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40.

It was not long before Mr. Stapf himself started telling Mr. Maynard that his work

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would not be “profitable” enough, despite industry standards and evidence to the contrary (Survivor

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has generated over a billion dollars, not to mention helped other CBS series perform better), and

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hinting that his tenure at CBS would soon come to an end.

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41.

Importantly, Mr. Maynard’s unscripted shows, owned by CBS Studios, like

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“America’s Next Top Model,” stand to make far more money for CBS than the unscripted shows

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produced mostly by other studios for CBS Entertainment, which have all bombed at enormous

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expense and embarrassment. Further, unscripted series cost less and do not require any deficit

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financing by CBS Studios, unlike its scripted fare.

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42.

Mr. Maynard wrote Mr. Nevins an e-mail requesting to see him to discuss these issues,

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with Mr. Stapf’s blessing, but never got a response back, despite Mr. Nevins’ responses to earlier e-

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mails congratulating him on his new post.

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43.

Mr. Maynard was subject to this poor treatment despite the fact that BH90210 had the

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biggest scripted series premiere in three summers. But Mr. Maynard did not receive even one

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message of congratulations from Mr. Stapf or any other CBS executives. Nevertheless, he did receive

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numerous positives messages from executives at all levels of Fox.

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44.

Mr. Maynard received no positive feedback from anyone at CBS upon the premiere of

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Kids Say the Darndest Things, despite its launching as the second-highest rated new series of the

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season on any broadcast network in the 18-49 demographic, despite receiving numerous positive

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messages congratulating him from executives of ABC.

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45.

Amplifying its mistreatment of Mr. Maynard, earlier this year, CBS subjected Mr.

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Maynard to a biased, sham “investigation” into a false and ludicrous allegation that he mistreated a

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female coworker on the writing team when he asked a quiet male employee on the same team for his

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Complaint

Case Number:

 1

opinions during a meeting (as opposed to asking for the opinions of the complaining female coworker,

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who had already spoken extensively, allegedly did not say hello to the same female coworker during

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an elevator ride “in the same way” that he said hello to male coworkers, and asked a question relevant

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to the funding of writer positions on the team.

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46.

As part of that supposed “investigation,” Mr. Maynard was interviewed by Tim Farrell,

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Vice President, Human Resources. While Mr. Farrell initially told Mr. Maynard that he did not

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believe the allegations would be of serious impact, some time went by before Mr. Maynard was

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informed of the Company’s contrived conclusion.

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47.

In early June 2019, CBS Studios’ president, Mr. Stapf called Mr. Maynard and told

him that the Company was going to remove him from his own show, BH90210.
48.

When Mr. Maynard contacted HR about the decision, Mr. Farrell not only told Mr.

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Maynard that he was not found to have violated CBS policy, but he let it slip that it was white male

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Mr. Stapf who nevertheless decided to remove Mr. Maynard from the show.

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49.

Confused about all of this, Mr. Maynard asked Mr. Farrell if, during the investigation,

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anyone had spoken with key female witnesses specifically named by Mr. Maynard whom he believed

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would testify in his favor.

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50.

Mr. Farrell told Mr. Maynard that HR had not spoken with these female witnesses.

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51.

Mr. Farrell advised Mr. Maynard to write a letter if he had an issue with the decision

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not to interview those key individuals.
52.

After a few weeks, Mr. Farrell called Mr. Maynard and told him that HR would not be

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conducting any further investigation into the matter, nor would it be speaking with Mr. Maynard’s

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proposed female witnesses. Mr. Farrell told Mr. Maynard that the decision to remove him from his

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own show would stand.

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CBS Studios Terminates Mr. Maynard Based on His Race and Age
53.

On October 2, 2019, after much mistreatment, Mr. Stapf called Mr. Maynard into his

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office and, in a two-minute meeting, summarily informed Mr. Maynard that CBS planned to terminate

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him, claiming that his department would be “eliminated.”

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Complaint

Case Number:

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2
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54.

A similar excuse was used to terminate Mexican-American executive, Ms. McDaniel.

As reported in the press, CBS told her that her department was being “restructured.”
55.

While Mr. Stapf told Mr. Maynard that they would keep him on to “wind down,” Mr.

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Stapf gave no details, simply leaving Mr. Maynard with the impression that his termination was

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imminent, an impression that has since been confirmed, as Mr. Maynard’s last day of employment

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will be December 2, 2019.

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56.

Notably, CBS has been eliminating several upper-level executives over the age of 40,

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such as, Peter Golden, the twenty-two-year Executive Vice President, Talent & Casting, at CBS; Lucy

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Cavallo, the twenty-four-year Senior Vice President, Casting, at CBS Entertainment; Eric Steinberg,

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the thirty-year Senior Vice President, Research, at CBS Entertainment; Amy Herzig, the twenty-four-

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year Sr. Vice President, New York Casting, at CBS Entertainment; and Ms. McDaniel, Executive

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Vice President, Daytime Programs, at CBS Entertainment.

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FIRST CAUSE OF ACTION

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Discrimination Based on Race, National Origin, Color, and Ancestry in Violation of

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Cal. Gov’t. Code § 12940

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(Against All Defendants)

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57.

Mr. Maynard alleges and incorporates by reference the allegations in each of the

preceding paragraphs as if fully set forth herein.
58.

In relevant part, California Government Code section 12940(a) provides that it shall be

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unlawful for an employer to discriminate against an employee in the terms and conditions of his

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employment because of his race, national origin, color, and/or ancestry.

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59.

Mr. Maynard is of Japanese origin and ancestry, and his ancestors are from Japan. He

is thus a member of a protected class.
60.

California’s Fair Employment and Housing Act (“FEHA”) defines “employer” broadly

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to encompass “any person regularly employing five or more persons, or any person acting as an agent

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of an employer, directly or indirectly.” California Government Code § 12926(d).

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61.

Defendants were Mr. Maynard’s employer as defined by FEHA, as they regularly

employed five or more persons.

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Complaint

Case Number:

 1

62.

As set forth above, Defendants discriminated against Mr. Maynard because of his race,

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national origin, color, and ancestry. Defendants engaged in illegal, intentional discrimination on the

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basis of race, by creating a hostile work environment based on race, national origin, color, and

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ancestry and by terminating Mr. Maynard.

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63.

As a direct, legal and proximate result of the discrimination, Mr. Maynard has suffered

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damages, including emotional distress, lost wages and other economic damages, in an amount to be

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proven at trial.

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9

64.

By reason of the conduct of Defendants, Mr. Maynard has necessarily retained

attorneys to prosecute this action. Pursuant to California Government Code § 12965(b), as a result of

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Defendants’ discrimination, Mr. Maynard is entitled to recover damages for economic harm and

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emotional distress, attorneys’ fees, costs, and expert witness fees.

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65.

Defendants committed the acts herein despicably, maliciously, fraudulently, and

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oppressively, with the wrongful intention of injuring Mr. Maynard, from an improper and evil motive

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amounting to malice, and in conscious disregard of the rights of Mr. Maynard. He is thus entitled to

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recover punitive damages from Defendant in an amount according to proof.

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66.

Mr. Maynard has timely exhausted his administrative remedies with the California

Department of Fair Employment and Housing.

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SECOND CAUSE OF ACTION

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Discrimination Based on Age in Violation of Cal. Gov’t. Code § 12940

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(Against All Defendants)

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67.

Mr. Maynard alleges and incorporates by reference the allegations in each of the

preceding paragraphs as if fully set forth herein.
68.

In relevant part, California Government Code section 12940(a) provides that it shall be

24

unlawful for an employer to discriminate against an employee in the terms and conditions of his

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employment because of his age.

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69.

Mr. Maynard is over forty and is thus a member of a protected class. Indeed, Mr.

Maynard is fifty-three.

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Complaint

Case Number:

 1

70.

California’s Fair Employment and Housing Act (“FEHA”) defines “employer” broadly

2

to encompass “any person regularly employing five or more persons, or any person acting as an agent

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of an employer, directly or indirectly.” California Government Code § 12926(d).

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5
6

71.

Defendants were Mr. Maynard’s employer as defined by FEHA, as they regularly

employed five or more persons.
72.

As set forth above, Defendants discriminated against Mr. Maynard because of his age.

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Defendants engaged in illegal, intentional discrimination on the basis of age, by creating a hostile

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work environment based on age and by terminating Mr. Maynard.

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73.

As a direct, legal and proximate result of the discrimination, Mr. Maynard has suffered

10

damages, including emotional distress, lost wages and other economic damages, in an amount to be

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proven at trial.

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74.

By reason of the conduct of Defendants, Mr. Maynard has necessarily retained

13

attorneys to prosecute this action. Pursuant to California Government Code § 12965(b), as a result of

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Defendants’ discrimination, Mr. Maynard is entitled to recover damages for economic harm and

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emotional distress, attorneys’ fees, costs, and expert witness fees.

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75.

Defendants committed the acts herein despicably, maliciously, fraudulently, and

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oppressively, with the wrongful intention of injuring Mr. Maynard, from an improper and evil motive

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amounting to malice, and in conscious disregard of the rights of Mr. Maynard. He is thus entitled to

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recover punitive damages from Defendant in an amount according to proof.

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76.

Mr. Maynard has timely exhausted his administrative remedies with the California

Department of Fair Employment and Housing.

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THIRD CAUSE OF ACTION

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Failure to Prevent Discrimination in Violation of Cal. Gov’t. Code § 12940

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(Against All Defendants)

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77.

Mr. Maynard alleges and incorporates by reference the allegations in each of the

preceding paragraphs as if fully set forth herein.
78.

At all times herein mentioned, FEHA, Government Code section 12940(k), was in full

force and effect and was binding on defendants. This statute states that it is an unlawful employment

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practice in California for an employer “to fail to take all reasonable steps necessary to prevent

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discrimination and harassment from occurring.”

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79.

During the course of plaintiff’s employment, Defendants failed to prevent their

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employees from engaging in intentional actions that resulted in Mr. Maynard being treated less

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favorably because of his race.

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80.

practices against employees.

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Defendants failed to prevent their employees from engaging in unjustified employment

81.

During the course of Mr. Maynard’s employment, Defendants failed to prevent a

pattern and practice by their employees of intentional discrimination and harassment on the bases of
race.
82.

Mr. Maynard believes and on that basis alleges that his race was a substantial

motivating factors in Defendants’ employees’ discrimination against him.
83.

As a proximate result of Defendants’ willful, knowing, and intentional misconduct, Mr.

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Maynard has sustained and continues to sustain substantial losses of earnings and other employment

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benefits.

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84.

As a proximate result of Defendants’ willful, knowing, and intentional misconduct, Mr.

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Maynard has suffered and continues to suffer humiliation, emotional distress, and physical and mental

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pain and anguish, all to his damage in a sum according to proof.

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85.

Mr. Maynard has incurred and continues to incur legal expenses and attorneys’ fees.

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Pursuant to Government Code section 12965(b), Mr. Maynard is entitled to recover reasonable

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attorneys’ fees and costs (including expert costs) in an amount according to proof.

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86.

Defendants committed the acts herein despicably, maliciously, fraudulently, and

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oppressively, with the wrongful intention of injuring Mr. Maynard, from an improper and evil motive

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amounting to malice, and in conscious disregard of the rights of Mr. Maynard. He is thus entitled to

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recover punitive damages from Defendant in an amount according to proof.

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87.

Mr. Maynard has timely exhausted his administrative remedies with the California

Department of Fair Employment and Housing.

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FOURTH CAUSE OF ACTION

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Wrongful Termination in Violation of Public Policy

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(Against All Defendants)

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88.

Mr. Maynard alleges and incorporates by reference the allegations in each of the

preceding paragraphs as if fully set forth herein.
89.

The discharge of an employee in violation of the California Fair Employment and

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Housing Act contravenes those laws and the policies underlying them, and gives rise to a common law

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action for wrongful termination.

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90.

As a direct and proximate result of Defendants’ termination of Maynard and refusal to

renew his contract, as alleged above, Mr. Maynard has been harmed.
91.

Mr. Maynard has suffered the loss of, inter alia, his substantial salary and benefits that

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she would have received had he not been terminated. As a result of such illegal conduct, Mr.

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Maynard has suffered such damages in an amount according to proof at trial.

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92.

As a further direct and proximate result of Defendants’ conduct, Mr. Maynard has

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suffered a loss of financial stability, peace of mind and future security, and has suffered

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embarrassment, humiliation, mental and emotional pain and distress.

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93.

Defendants committed the acts alleged herein oppressively and maliciously, with the

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wrongful intention of injuring Mr. Maynard, from an evil and improper motive amounting to malice,

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and in conscious disregard of his rights. Thus, Mr. Maynard is entitled to recover punitive damages

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from Defendants.

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FIFTH CAUSE OF ACTION

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Intentional Infliction of Emotional Distress

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(Against All Defendants)

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94.

Mr. Maynard alleges and incorporates by reference the allegations in each of the

preceding paragraphs as if fully set forth herein.
95.

As discussed herein, Defendants intentionally and recklessly caused severe emotional

distress to Mr. Maynard in multiple ways.

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96.

Maynard by unlawfully terminating his employment in violation of state law.

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97.

98.

Defendants intended to cause Mr. Maynard emotional distress, or acted with reckless

disregard of the probability that Mr. Maynard would suffer emotional distress.

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Defendants’ conduct, as discussed herein, was so outrageous that it caused humiliation,

shame, shock, anxiety, and severe emotional distress to Mr. Maynard.

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Defendants intentionally and recklessly caused severe emotional distress to Mr.

99.

Defendants’ conduct was a substantial factor in causing Mr. Maynard’s severe

emotional distress and related damage.

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100.

Defendants committed the acts alleged herein oppressively and maliciously, with the

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wrongful intention of injuring Mr. Maynard, from an evil and improper motive amounting to malice,

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and in conscious disregard of his rights. Thus, Mr. Maynard is entitled to recover punitive damages

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from Defendants.

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PRAYER FOR RELIEF

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Wherefore, Mr. Maynard respectfully prays for relief and judgment against Defendants, as

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follows, in amounts according to proof at trial but which exceed the minimum jurisdiction of this

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Court:

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1.

For judgment in favor of Plaintiff against Defendants;

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2.

For compensatory and special damages as set forth throughout the complaint according

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to proof with prejudgment interest thereon to the extent allowable by law;
3.

For damages for severe emotional distress, humiliation, grief, nervousness, worry,

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sadness, anger, frustration, embarrassment, stress, and related emotional and mental anguish in amount

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to be determined by the jury at the trial of this matter.

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4.

Damages for future loss of earnings, bonuses and benefits, in spite of continuing

attempts at mitigating damages, in an amount to be determined by the jury at the trial of this matter.

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5.

For exemplary and punitive damages in a sum sufficient to deter Defendants’ conduct;

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6.

For all reasonable attorneys’ fees incurred by Plaintiff in the prosecution of this matter,

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as permitted by statute;

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7.

For injunctive relief requiring Plaintiff’s reinstatement;

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For costs of suit incurred herein; and

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For such other and further relief as the Court deems just and proper.

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DEMAND FOR JURY TRIAL

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Plaintiff hereby demands trial by jury on all issues so triable.

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Date: November 24, 2019

DHILLON LAW GROUP INC.

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By:

____________________________________
Harmeet K. Dhillon
John-Paul S. Deol
Michael R. Fleming
Attorneys for Plaintiff Ghen Maynard

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